What was Tenancy Tribunal case 5386743 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5386743?

Compensation: $2,010.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5386743?

The dispute type was not classified.

Where can I read the official tribunal order for case 5386743?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12774323-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5386743 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5386743?

Compensation: $2,010.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5386743?

The dispute type was not classified.

Where can I read the official tribunal order for case 5386743?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12774323-Tribunal_Order_Redacted.pdf.

9 Swainston Road, Saint Johns, Auckland 1072 Tenancy Tribunal Case 5386743 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5386743 — net $2,038.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$2,010.00	Compensation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,038.00
Total payable by Landlord to Tenant	$2,038.00

Claims and awards in Tenancy Tribunal application 5386743 — net $2,038.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$2,010.00	Compensation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,038.00
Total payable by Landlord to Tenant	$2,038.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Climber Property Ltd must pay [The tenant/s] $2,038.00 immediately, as set out in the table below.
By consent, the fixed-term tenancy of [The tenant/s] at 9 Swainston Road, Saint Johns, Auckland 1072 is amended to be a periodic tenancy where either party can give notice to terminate the tenancy in accordance with the Residential Tenancies Act 1986.

Reasons

Both parties attended the hearing.
The tenant applied for a work order to clean the carpet, for compensation and to be released from the fixed term tenancy.
The landlord applied for the break lease fee.
Prior to the hearing the carpet was professionally cleaned. The work order was no longer sought, so that claim is dismissed.
The tenant’s claim for compensation was in relation to the carpet. When the tenants viewed the premises, they noticed a faint smell but could not identify it. The property manager said the previous tenant had cleaned the carpet because a cat had been living there. The property manager also agreed to commercial cleaning of the walls and ceiling to get rid of the mould and also to remove the mouldy curtains.
On the first night in the tenancy the tenants noticed a strong smell of animal coming from the carpet and noticed many animal hairs.
On the following day the tenants asked for the carpets to be professionally cleaned. The request was declined because the previous tenant had paid for steam cleaning.
On 19 September 2025 the tenants complained to the landlord that they were coughing and wheezing. The tenants started cleaning the carpet. On 24 September 2025 the tenants sent photographs taken with UV light which showed urine stains throughout the house on the carpet.
On 25 September the tenant found a carpet cleaner and asked the landlord if they would cover the cost. The landlord refused as he thought the cost was too expensive. The landlord obtained a quote that was similar.
After the tenants applied to the Tenancy Tribunal the landlord agreed to cover the cost of carpet cleaning. On 7 October 2025 the carpet was cleaned by Cleancare Services Ltd and that company also provided an assessment of the carpet which stated, “...there were very strong animal smells throughout the house, and especially in all of the bedrooms and hallway...the cleaning and sanitising made a big difference, but the smell is not fully gone...At this particular property, I would suggest repeated cleaning would not be an efficient use of dollars. To get rid of the smell, the carpets and underlay should be replaced...”
The tenants submit that the urine smell returned on 14 October 2025, and they realised they could not remain living at the property. They said that the smell was worst in wet weather and came back as strong as before.
Due to the carpet smell these tenants have not used the entire premises as it was intended to be used. The main bedroom which is the one affected most by the smell was only used the first night of the tenancy. Since then, the tenants have slept in the lounge. The bedrooms have been used for storage and much of the tenant’s belongings have remained packed so as not to be contaminated by the smell.
When the tenant asked to end the tenancy, the landlord offered to do so with the tenant paying a break lease fee equivalent to one weeks rent and the advertising cost of $250.00. The tenant did not agree to this fee.
The landlord said that the carpet was professionally steam cleaned prior to the tenant moving in and the tenant viewed the property twice before the tenancy commenced.
The previous tenant who had lived in the premises for the previous five years had a cat and a dog, although the tenants were initially told she only had a cat.
The Residential Tenancies Act 1986 provides that the landlord must provide the premises in a reasonable state of cleanliness 1 . I accept the evidence of the tenants, including the UV photographs, and the independent evidence of the carpet cleaning company, that the premises were not reasonably clean and the carpet is likely permanently damaged by animal urine.
The tenants should be compensated for the loss of amenity they have experienced. I calculate the compensation for the 9 weeks and 4 days from the commencement of the tenancy until the date of hearing. The compensation is calculated at one third of the weekly rent being $210.00 with a total of $2,010.00.
The tenant applied to end the fixed term tenancy early. At the hearing the parties agreed for the tenancy to be amended to be a periodic tenancy and that is ordered.
While the landlord seeks the break lease costs I consider that the only reason that the tenants sought to end the fixed term tenancy early was due to the landlord’s failure to provide the premises in a reasonable state of cleanliness. It would therefore not be just to award costs in favour of the landlord in the circumstances. The landlord’s claim for break lease costs is dismissed.
Because [The tenant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The tenants also sought an order for name suppression and is entitled to an order as the successful party 2 .

Tenancy Tribunal case 5386743 — Tenancy dispute at 9 Swainston Road, Saint Johns, Auckland 1072

At a glance

Tenancy Tribunal case 5386743 — Tenancy dispute at 9 Swainston Road, Saint Johns, Auckland 1072

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions